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On June 16, 2011, Law 1450 was issued (through which the
2010-2014 National Development Plan was announced), by means of
which the regime of assignment contracts of author's economic
rights was modified.
Article 20 of Law 23 of 1982, which only acknowledged the
presumption of assignment of economic rights within the frame of a
service contract, now also includes this presumption regarding
works created within the frame of a labour contract.
For the abovementioned presumption to take place, all labour and
service contracts must be in writing. However, this presumption
admits for the parties to agree otherwise and does not deprive
authors from any of the moral rights he/she has upon his/her
work.
On the other hand, the requisite regarding the need for the
assignment contracts to be acknowledged before Notary Public or
converted into Public Deed was eliminated. The only validity
requirement that shall be demanded from now on, shall be that said
contracts are in writing. Notwithstanding the above, and with the
aim of providing legal security, the contracts must still be
registered before the Copyright Office for their enforceability
before third parties.
This reform obliges the contracting parties to be clear at the
moment of assigning economic author's rights, because in some
aspects, the law supplies the lack of stipulation. Therefore, when
the parties have not made any agreement on the term or territory of
the assignment, it is understood it shall have a term of maximum
five (5) years and it shall be limited to the country where the
rights are assigned.
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